Criminal and civil proceedings can proceed simultaneously in cheating cases if both cases are made out against the accused. I have a company who is working in casting of industrial foundry products. My company has contracted another company for the supply of specific casting tanks for cement factories. After receiving a huge contract that company is causing a delay in supply of product. Then my legal team sent a notice to comply with the terms of contract failing which heavy compensation shall be paid by you. When my team conducted an initial inquiry against the company then came to know that the company has never worked in casting. That company committed fraud and misrepresented just to obtain a contract. Can I initiate criminal and civil proceedings against that company?
Asked from: Uttar Pradesh
The facts of your case suggest that deception occurred at the very beginning of the contract. The company, having no experience in industrial casting, made false promises to obtain the contract. When deception or inducement is present from the outset or at the time of entering into a contract, it constitutes the offence of cheating.
You can initiate both civil and criminal proceedings against the company simultaneously. In Indian Oil Corporation vs. NEPC (2006), the Supreme Court held that a commercial transaction or contractual dispute, in addition to providing grounds for seeking remedies under civil law, may also involve a criminal offence.
Similarly, in Syed Askari Hadi vs. State (Delhi Administration) (2009) 5 SCC 528, the Supreme Court ruled that civil and criminal proceedings may run concurrently. A criminal court may take cognizance of the case upon being satisfied that a prima facie case exists.
Cheating is both a criminal offence and a civil wrong. You are entitled to initiate both types of proceedings simultaneously. While there is no bar to doing so, criminal proceedings tend to take precedence over civil proceedings. For more legal help please visit Kanoon India.
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The District Magistrate has wrongly cancelled my arm licence on the report of the Superintendent of Police. The SP was working on the advice of political boss. He was adamant to cancel my licence however, I was present in the mob with my gun just to protect myself. There was a quarrel between two groups of our village during the Dussehra procession. There was a call from the local administration to disburse from the scene, but a mob was present. I did not use my gun and no incident happened. But the SP sent a report that I have misused my gun licence and despite warning from the police I remained in a mob to cause terror to a religious group. In this situation my personal security is at risk.
Asked from: Uttar Pradesh
Section 17 of the Arms Act empowers the District Magistrate to cancel or suspend an arms licence under certain circumstances. However, it is mandatory for the District Magistrate to provide the licensee an opportunity to be heard before taking any adverse action.
Based on the facts of your case, it appears that you were part of a mob that had been ordered to disperse by the police. However, you deliberately remained. By doing so, you have committed an offence by wilfully disobeying the order of the authorities. It is also an undisputed fact that you were armed while present in the mob. Whether your presence caused terror during the procession is a matter to be established based on related incidents and circumstances. It is important to note that no violent incident occurred, and the mob did not become aggressive.
In the case of Mohd. Haroon vs. Superintendent of Police Siddharth Nagar (2003) 1 JIC, the Allahabad High Court ruled that mere involvement in an offence does not justify the revocation of an arms licence, unless the conduct of the licence holder reasonably suggests a potential misuse of the licence.
Therefore, mere disobedience of a police order does not give the District Magistrate grounds to cancel your arms licence. If the District Magistrate has passed a final order, you should appeal to the Commissioner. The facts indicate that the revocation order is illegal, arbitrary, and contrary to the provisions of the Arms Act. For more legal help please visit Kanoon India.
One of employee has committed suicide after receiving show cause notice for his misconduct in handling and discharging his duty. On receiving a report from the joint director that the PO has not handling the case with due diligence therefore, lost the matter in the court. Thereafter, a fact-finding inquiry was set up and receiving that findings a show cause notice was served. When he committed suicide, an FIR has been lodged against me for the offence under Section 306/107 IPC. Please suggest what to do next.
Asked from: Uttar Pradesh
Based on the facts of your case, it appears there was no instigation or incitement from your side to commit suicide. When the show cause notice was served, the deceased had the opportunity to explain the situation or present his stance against the allegation of misconduct. Until then, no adverse action was likely to be taken against him.
There was no threat posed to him as a result of the show cause notice. In cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide. There must be clear and convincing evidence of such acts. In the case of suicide, mere allegations of harassment by another person are insufficient unless the actions of the accused compelled the victim to commit suicide, and such actions must be closely connected to the time of the incident.
According to this legal position, there must be direct or indirect evidence showing that the accused, through a continuous course of conduct, created a situation where the deceased felt they had no option but to commit suicide. In your case, there is no evidence of any such continuous conduct by the accused.
Therefore, prima facie, there is no evidence to support the allegation of inducement or abetment of suicide. In the case of Ude Singh vs. State of Haryana AIR 2019 SC 4570, the Supreme Court held that:
If the accused plays an active role in damaging the victim’s self-esteem and self-respect, which eventually drives the victim to commit suicide, the accused may be held guilty of abetment of suicide.
However, issuing a show cause notice following a preliminary inquiry does not in any way tarnish the self-esteem of the deceased. It is part of a departmental inquiry process when an allegation of misconduct or dereliction of duty has been made against an employee.
No punishment was imposed with the issuance of the show cause notice, nor did it have any adverse impact on the character roll of the deceased employee. Under these circumstances, no offence is made out against you.
It is advisable to file a petition in the High Court under Section 528 BNSS for quashing the FIR, as no offence is made out against the accused. The FIR may be quashed by the High Court. For more legal help please visit Kanoon India.
What is remedy against order passed by appellate court under Section 29 Domestic Violence Act? Appellate court directed to pay seven lakh as compensation and sixty thousand rupees per month as maintenance in domestic violence case. My father in law is an advocate in the district court XXX. He has filed an appeal against the order of judicial magistrate first class in the domestic violence case. As an interim major the court directed to pay one lakh for the meeting of expenses borne by the wife and also pay maintenance at the rate of ten thousand rupees per month.
My father in law filed an appeal in the sessions court. The sessions judge directed to pay seven lakh as compensation and sixty thousand rupees per month as maintenance without appreciating the materials on record. I am a teacher and my salary is about ninety thousand per month. Out of which thirty thousand deposits in the NPS and twenty thousand as EMI for the home loan. If I pay sixty thousand rupees as maintenance how could I survive?
Asked from: Kerala
The appellate court’s decision to award seven lakh as compensation and sixty thousand per month as maintenance in disposing of the appeal under Section 29 of the Domestic Violence Act seems erroneous. The amount of maintenance must be fixed based on the net income of the husband.
The Hon’ble Supreme Court, in Kulbhushan Kumar v. Raj Kumari, (1970) 3 SCC 129, has held that 25% of the husband’s net income would be just and proper to be awarded as maintenance allowance to the wife.
As a salaried person, the amount of monthly allowance should be fixed after deducting your liabilities. The contribution to the new pension scheme is not a liability, but you are required to contribute a fixed amount per month. The EMI of the home loan is your liability. These two constitute fifty thousand per month as necessary expenses, which cannot be ignored by the court while deciding the monthly alimony.
Also read: Revision is not maintainable against an order passed by judicial magistrate in DV Act
Prima facie, the decision of the appellate court seems erroneous and is liable to be set aside. You should move a petition in the High Court under Article 227 of the Constitution of India to set aside this decision. Proceedings under the Domestic Violence Act cases are quasi-civil in nature; hence, you must approach the High Court under Article 227 instead of Section 482 of the Code of Criminal Procedure.
In Santhosh v. Ambika R., (2015) SCC Online Ker 26542, the Kerala High Court held that a party aggrieved by the order of the appellate court under Section 29 of the DV Act must file a revision under Article 227. Remedy against order passed under Section 29 Domestic Violence Act is to file revision to the High Court.
In your petition, you must adduce proof of your loan liability and monthly contribution to the new pension scheme. If you have any other liabilities, such as medical expenses for yourself or any dependent, you must also include them in the petition. You need to prove that the amount of monthly maintenance fixed by the appellate court was determined without the application of judicial mind and in violation of settled law regarding the determination of monthly alimony. For more legal help please visit Kanoon India.
Also read: Can wife claim residence order under the DV Act after the decree of divorce?
You can sue a person despite that the contract is unregistered. In the prevailing situation you have a right to recover the rent of three months along with interest and also claim damages. This house was let out for three years. If the term of lease is more that one year it must be registered as per the provision of section 107 of the Transfer of Property Act.
Registration of lease agreement was mandatory. When the registration of deed is made mandatory by law, and not registered that deed shall not be admissible in evidence. But it tends to show that parties were entered into an agreement. On the basis of agreement, you can sue him for the damages and recovery of rent. For more legal help please visit Kanoon India.
What is the immediate relief available against a stay order granted by the High Court? One of the candidates approached the High Court alleging irregularities in the conduct and evaluation of marks. He claims that candidates received uneven marks due to the vested interests of the college administration. However, there is no solid evidence to support any irregularity. All answer sheets were kept in sealed covers and evaluated by one examiner, then cross-checked by another examiner. This process ensured that each answer sheet was checked by two examiners, neither of whom had information about the other examiner’s identity or the candidates’ details.
More than seven thousand students appeared in the entrance examination for one hundred twenty seats. Future of one hundred twenty students rests at the stake of this writ petition and stay order. We have been conducting examinations since 1934, and no such issue has been raised before the court until now. Despite this, the High Court stayed the admission process during the very first hearing based solely on these allegations, without any supporting evidence. In this scenario, what would be the best possible remedy against the stay order issued by the court?
Asked from: Bihar
A stay order is granted by the court as an interim relief. An order of interim relief is also called an interlocutory order. Generally, interlocutory orders are not appealable. However, if the court determines any right through the interlocutory order, that order becomes appealable. In other words, if the interlocutory order affects the rights of a party, the aggrieved party can appeal that order.
Ad-interim and ex-parte relief should be granted rarely. In your case, the stay order has affected the entire admission process, impacting the future of one hundred and twenty students. More than seven thousand students appeared for the entrance examination, yet only one student has made such a claim. In this scenario, the High Court should have issued a stay order only after receiving a reply from the college administration, i.e., the opposite party.
The Hon’ble Supreme Court, in Central Mines Planning and Design Institute Limited vs Union of India (2001) 2 SCC 588, held that an interlocutory order comes under the definition of a judgment when that order constitutes a final determination and affects the valuable rights of parties.
When a stay order falls under the definition of a judgment, it becomes appealable. The interlocutory order in this case affects the future of one hundred and twenty students. Stalling the admission process is not justified as it will delay the academic session.
Filing letters patent appeal or special leave petition is the best relief against the stay order of the high court. Therefore, you should immediately file an appeal against this order. If the single bench passed the order, you can prefer a letters patent appeal or special appeal before the division bench of the same High Court. If the division bench passed such an order, you would need to file a special leave petition to the Supreme Court under Article 136.
Once the admission process has started, it should not be stayed merely on the assumption of irregularity. You mentioned that the petitioner has no cogent evidence to prove the alleged irregularity. In the appeal, you should present evidence about the entire process of the entrance examination. When the court finds that the chance of irregularity is minimal, it should vacate the stay order. For more legal help please visit Kanoon India.
My neighbour is claiming a road in my land and he is obstructing the construction of a boundary wall on my land. We purchased one acre of land registered in the names of four people. After 15+ years, the neighbour claims that when he bought his plot, he was shown a 25-foot road on your purchased land. He is now refusing to allow us to construct a boundary wall until we leave a 25-foot road between his plot and our land. He is also misbehaving and manhandling us, possibly due to his local influence. What legal actions can we take?
Asked from: Telangana
Your neighbour has no right to interfere with your property. If a public road existed on this plot, it should be mentioned in both your neighbour’s sale deed and your own. In the absence of such demarcation, your neighbour has no legal right to disturb and obstruct the construction of your boundary wall.
A neighbour cannot claim a road on adjoining private land if the property’s boundaries are clearly defined in the sale deed. In the case of N. Subbayya Chakkilian v. Maniam Muthiah Gounden (46 M.L.J. 182), the Madras High Court established that specific boundaries of land mentioned in a sale deed shall prevail over general measurements.
It is a well-settled principle that the boundaries declared in a deed of conveyance prevail over any conflicting boundaries. The Privy Council in P.K.A.R.C.O.S. Society v. Government of Palestine A.I.R. 1948 P.C. 207 held that when there is a difference or dispute between the area, survey number, and boundary of any property, the boundary prevails and is the decisive factor.
Thus, the boundaries of your land as mentioned in the sale deed shall prevail over any conflicting claims. If no public road is mentioned within your land’s boundaries, you have absolute rights over the land situated within those boundaries.
How to prevent neighbour from interfering in the property
In the prevailing situations you need to initiate both criminal and civil actions simultaneously. Your foremost requirement is to prevent any breach of peace and maintain tranquility. Following that, you must take steps to prevent your neighbour from interfering with your possession of the property.
Move application under Section 145 crpc
You should inform the Executive Magistrate by an application under Section 145 of code of criminal procedure (crpc) and pray for maintaining peace by directing the neighbour to refrain from interference in your property. The Executive Magistrate can take a bond from your neighbour under Section 107 crpc, for maintaining peace.
Your neighbour is illegally interfering and claiming a road in the property of your possession. If the dispute escalates it may cause the breach of peace. Jurisdiction under Section 145 Cr.P.C. arises to the Executive Magistrate when there is apprehension of breach of public peace and tranquillity on account of dispute between the parties in regard to possession.
File a Civil Suit for declaration of right and permanent injunction
File a civil suit for the declaration of your right and a permanent injunction against your neighbour from interfering with your property. Meanwhile, submit an interim application along with that civil suit for a temporary injunction. Temporary injunction is mandatory to stop your neighbour from causing any disturbance in the enjoyment of your land till the pending civil suit. The injunction order shall prevent your neighbour from claiming a road in your land forever. For more legal help please visit Kanoon India.
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Section 482 crpc application has any chance to conversion to criminal revision. What is the rule of court? Can court refuse to convert the 482 crpc application and on what ground? During the trial I moved an application under Section 319 of crpc which is allowed by the trial court and summoned Mr X as an accused. After more than two years Mr. X moved 482 application in the high court for quashing the order passed under section 319 crpc. That application is allowed by the high court and proceedings against Mr X have been dropped by the trial court. In the trial some evidence surfaced that Mr X is also involved in the crime. Then I moved that application. In this situation I have no other remedy to arrayed Mr. x in the crime.
Asked from: Uttar Pradesh
Prima facie, it seems that the order passed by the High Court is incorrect. The accused had the option to file a criminal revision under Section 397 of the Code of Criminal Procedure. Instead of filing a criminal revision, he moved an application under Section 482 which is not maintainable. An application under Section 482 CrPC cannot be converted into a criminal revision.
In the present situation, the accused must file a criminal revision under Section 397 CrPC. There is a specific provision under the Code of Criminal Procedure for the redressal of grievances arising from the order of the trial court. Hence, the aggrieved person cannot invoke the inherent power of the High Court under Section 482 CrPC.
According to Article 131 of the Indian Limitation Act, the limitation period prescribed for filing a revision in the High Court or Court of Sessions is ninety days. The accused filed an application under Section 482 after more than two years. Because the period of limitation for filing a criminal revision has lapsed. Since criminal revision was barred by limitation so he moved petition under 482 crpc because there is no limitation period for the petition under section 482 crpc. Therefore, the order passed by the High Court is illegal per se.
If the aggrieved person had moved a revision but, for some reason, that criminal revision was not maintainable, then the High Court has the power to treat that revision application as a petition filed under Section 482 CrPC.
However, the High Court has no power to treat a petition filed under Section 482 CrPC as a criminal revision because a limitation period is prescribed for the revision. Therefore, a petition filed beyond the limitation period cannot be admitted,
For the ends of justice, if there is no provision in the Code of Criminal Procedure, the High Court has the power to admit an application under Section 482 CrPC at any stage of the proceeding without regard to the limitation period. But in your case, the aggrieved person has the right to move revision hence, he cannot invoke provisions of section 482 crpc. Section 482 crpc application has rare chance of conversion into a revision.
You should move a Special Leave Petition (SLP) in the Supreme Court against the order of the High Court. Your SLP will be admitted, and I am confident that the Hon’ble Supreme Court will set aside the order of the High Court. For more legal help please visit Kanoon India.
Whether enhancement of maintenance after mutual consent divorce is available to a wife and her children. Parties have obtained decree of divorce by mutual consent and one of the conditions for mutual consent divorce is that the husband will pay 500 each monthly maintenance to the children and me. Husband is regularly paying maintenance but now the wife wants to enhance the maintenance amount from 500 to 2000 to each child as well as rs 5000 for wife. Can this order be modified under section 127 cr.pc.
Asked from: Uttar Pradesh
After divorce, you still retain the status of a wife. This status entitles you to seek an increase in maintenance. Alimony is not just a legal matter but a social responsibility for an ex-husband. Hence, you have the right to seek an enhancement in maintenance even after a divorce by mutual consent.
It is a well-established legal principle that a woman does not lose her status as a wife after divorce. In the case of Rohtash Singh v. Ramendri (Smt.) (2000) 3 SCC 180, the Supreme Court held that according to explanation (b) to Sub-section (1) of Section 125 of the Code, a woman who has been divorced by her husband through a decree from the Family Court under the Hindu Marriage Act maintains the status of a wife for the specific purpose of seeking maintenance from her former husband.
The Hon’ble Supreme Court further emphasised in Vanamala v. H.M. Ranganatha Bhatta, (1995) 5 SCC 299, that a wife who obtains a divorce by mutual consent cannot be denied maintenance under Section 125(4) of the Code.
If a divorced wife is unable to maintain herself and has not remarried, she is entitled to claim maintenance allowance. Often, after divorce, a woman may become destitute. If she is unable to sustain herself and remains unmarried, her former husband continues to bear a statutory duty and obligation to provide maintenance.
It is evident that you have the right to claim maintenance from your ex-husband even after a divorce by mutual consent. Since Section 125 of the CrPC is applicable after divorce, you can approach the family court under Section 127 of the CrPC for the enhancement of maintenance, especially considering the rising cost of living making the current maintenance amount insufficient.
You should file an application under Section 127 of the CrPC, providing evidence of your child’s monthly expenditures and, if available, evidence of your income to demonstrate the hardship you face in supporting your child. The court will then consider your application and may order an enhancement in the monthly allowance accordingly. For more legal help please visit Kanoon India.
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Husband strangled his wife and killed. My father has been convicted for the offence of murder and sentenced to life imprisonment. There were some quarrel between my father and mother over the issue of the marriage ceremony of my aunt (bua). My father wanted to extend financial help to my grandfather for the wedding ceremony of my bua. But my mother was against that financial help because she had very estranged relations with my grandfather and mother. The incident occurred in our house and in the presence of my family members. All witnesses are family members and neighbours. Ultimately my father has been sentenced under section 302 IPC for the offence of murder and sentenced for life imprisonment. He is innocent and committed that offence by mistake. Please help.
Asked from: Uttar Pradesh
This conviction and sentence prima facie seem improper because there was some quarrel between the deceased and her husband. This fact would have been sufficiently established by the prosecution. It proves that the offence was committed in sudden provocation from the deceased. There was no premeditation or pre-planning of the accused to kill his wife. There was also no preparation to commit that offence. The trial court had ignored the above facts while convicting and sentencing the accused.
In this situation, you should prefer an appeal to the high court under Section 374 of the Code of Criminal Procedure (CrPC). The conviction is unsustainable because the accused is illegally convicted for the offence of murder (Section 302 IPC) whereas he committed the offence of culpable homicide, which is punishable under Section 304 IPC.
Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; Or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
Section 304 IPC
It appears from the facts that your father was financially strong and wanted to give monetary help to his father for the marriage of his sister. Upon this issue, some quarrel started between the spouses (deceased and accused), and in the course of such heat and provocation, the accused (husband) strangled his wife without the intention to kill. The act was committed in a spur of the moment and without planning. There was also no premeditation on the part of the accused to commit murder.
Hence, the high court, in appeal, will convert the conviction under Section 302 IPC to Section 304 Part II of the IPC. Your father will not be acquitted because at the time of the commission of the offence, he knew that his act (strangulation) may result in the death of his wife. In your case, however, there was no intention to kill, but the accused had the knowledge (at the time of committing the offence) that his act is likely to cause the death of his wife. Hence, your father may be sentenced for culpable homicide. For more legal help please visit Kanoon India.
Also read: Remedy if the court did not punish the accused with adequate sentence
